Key legal question
Whether the cantonal judge violated the right to be heard and arbitrariness by refusing additional evidence on the collision dynamics.
Extracted holding
Yes. The available evidence was not so clear that further evidence, especially hearing the scooter passenger, could be deemed irrelevant; the refusal was arbitrary.
Extracted reasoning
The police report was sparse and the conflicting driver statements, combined with the impact severity and injuries, made further clarification necessary. In a roundabout, both drivers had duties of caution, so the scooter rider's conduct could be decisive.